New York Law Blog

The New York Times reports on the state of New York City hospitals and their record on reporting preventable mistakes, which was found to be the least dependable in the state. Although hospitals in the City’s five boroughs see roughly half the number of patients seen in the entire state,  it is believed that they are not properly reporting “adverse incidents”. Senior partner Jeffrey Lichtman:
 

New York City hospitals are the least reliable in the state at reporting preventable mistakes and adverse incidents for patients like heart attacks, blood clots, hospital infections and medication errors, according to a new report by the office of City Comptroller William C. Thompson Jr.  This inadequacy prevents our hospitals from identifying their systematic issues and improving their individual medical practices.  Our state must be far more diligent in enforcing penalties such as fines against hospitals which have failed to report accurately.  My hope is that these hospitals properly report preventable mistakes and adverse incidents so that they can improve their services to prevent medical malpractice from occurring.

Trolman, Glaser & Lichtman: Don’t settle for less!

Sending text messages while driving has become a serious problem with drivers these days, as we are all in a hurry to travel and communicate. An ambulance driver in Albany, New York who had previously been seen texting behind the wheel of an ambulance was involved in an accident where she ran into a snowbank. Senior partner Jeffery Lichtman had this to say about the incident:

This is becoming a serious problem that our state needs to address with strict rules and penalties.  In this incident, the driver of the ambulance that ran into a snowbank had been previously cautioned by an Albany firefighter about text messaging while driving.  The driver of this ambulance is supposed to be out saving lives and instead is dangerously putting the public in harm’s way.

Tom Nardacci, spokesman for Mohawk Ambulance, said the driver, Joanna McKinley, is no longer employed by the company. He further pointed out that, State law exempts emergency vehicles from cell phone laws but that Mohawk ambulance has a stringent written policy against the use of cell phones which would include texting except in the use of an emergency or when they have to call a physician at the hospital. 

Albany must address the state’s cell phone laws.  We must hold our public safety officials accountable.

Trolman, Glaser & Lichtman: Don’t settle for less!

Earlier this year, New York governor David Patterson enlarged the law on what is known as “net metering”, or the selling of homemade electricity back to the grid. New York was the first state that allowed this practice back in 1997, there were very few entities who were allowed to do so. Individuals who provide their own electricity through a number of means such as windmills and solar panels, had the capabilities to sell their excess power back to the grid, but it was illegal. Now through the state’s Renewable Energy Task Force, any customer in the state is now allowed to net meter.

The Network for New Energy Choices (NNEC) has issued its 2008 report cards grading state policies that allow farmers, homeowners, and small business owners who generate renewable energy to connect to the grid and receive credit for the electricity they produce, provisions known as net metering.  With net metering, when electric customers with wind or solar systems produce more energy than they use, their electric meters spin backward, providing them with a net gain.

“This year’s Freeing the Grid report has a number of bright spots that are particularly welcome given the declining economy, Americans’ desire for energy independence, and widespread concern about climate change,” said NNEC’s James Rose, a principal author of the report. “Chief among these is New York, singled out for praise in the report’s ‘Best Practices’ section for two new laws that vastly expand the ability of New Yorkers to net meter.”

Other states to take iniative on net metering laws along with New York include Arkansas, Kentucky, Massachusetts, Missouri, Oregon, Rhode Island, Utah and Vermont.